Hello all,
I need some advice here; this is a bit new to me in terms of the legality of
use. Here is the scenario:
We are doing a big ALICE in WONDERLAND promo gig (display, film and speaker).
The student working on the PR would like to use a scene from 5 different
versions of ALICE IN
Yes, I think what Lorraine proposed is Fair Use. It's a limited portion, and
creating a mashup to advertise the event is a transformative use (i.e.
different from original purpose of entertainment).
Although I'd leave out Disney if you're feeling cautious.
p.s. the 3 minutes guideline is only a
Hi Farhad,
Kenneth Crews at Columbia has written a fairly lengthy article on how Fair
Use guidelines (including the CONFU guidelines to which the link you
provided refer) do not have the force of law. Furthermore, following such
guidelines tends to limit the application of Fair Use as described
Hi Lorraine,
I would do it. Sounds like fair use to me. Also, I perceive your risk in this
situation as extremely low. You're not charging admission for the film, right?
Not a money making venture?
BTW sounds like a cool program! This summer I saw the Czech film "Alice" at a
big outdoor
4.2.1 Motion Media
Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted
motion media work may be reproduced or otherwise incorporated as part of a
multimedia project created under Section 2 of these guidelines.
http://copyright.lib.utexas.edu/ccmcguid.html
Farhad
As far as I understand the copyright law and fair use, you can do this but
you're limited to up to 3 minutes of each film and you should not select the
"heart of the work" in this 3 minutes limit for each film.
Farhad Moshiri, MLS
Post-Masters Advanced Study Certificate
Audiovisual Librarian
No there is NO 3 minute rule. Fair Use has always been deliberately vague.
You are supposed to use the minimum amount that will achieve your goal
without compromising the heart of the work or the value to the rights
holder. In this case I would say 99.9% you are fine but two potential
issues.
Is
Much as I wish that WAS the law it is not. There is no percentage
whatsoever in the actual copyright law. The recent GSU case used 10% as an
absolute amount and this was in fact opposed by both sides. There are
instances were 10% can be too much ( in the GSU case several works were
deemed to use
Great discussion. Thanks everyone. As Jessica said, fair use is vague. That’s
why we librarians, as a practical measure, follow “guidelines”. I would rather
rely on the mostly accepted guidelines than just tell my faculty you can do
whatever you want to do.
Farhad
From:
Thanks for that link, Brian. I feel pretty sure I read this article sometime in
the distant past but it’s really great to take another look. Interesting that
even though it was published in 2001, and so many things have changed, it’s
still absolutely relevant for us!
Sarah
From:
Jessica is right; there are only guidelines, not bright lines. I think that
makes sense, from a more userly point of view. Even in the GSU case the 10% was
not proposed by the judge as an absolute, just a number she would balance with
the other factors as being probably safe. But as Jessica
Though, I would not leave Disney out of it just because you think they will
sue:
I'm sure you all know Eric Faden's film:
https://www.youtube.com/watch?v=CJn_jC4FNDo
and Jonathan McIntosh's
http://www.rebelliouspixels.com/2010/right-wing-radio-duck-donald-discovers-glenn-beck
both use Disney
Thank you everyone,
Excellent discussion and very helpful.
Just an FYI, we are not charging money for the actual event.
This is just a little PR to add to our web content promoting Alice and
Wonderland and anniversary of book.
As usual,
University of Videolib.
Another lesson learned.
Best,
Jessica noted:
"not that it really matters here but pretty sure the judge in the GSU did
propose 10% as some absolute max which had the amusing result of upsetting both
sides."
What she said was that the 10%/1 chapter of a book with more than 10 chapters
is a "decidedly small" amount, not a
Well that is not what the appeals court said when they admonished her for
setting a 10% or one chapter "rule" . Since that part of the decision was
actually and specifically overturned and sent back it probably is not worth
arguing over especially since both sides objected ( for different
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